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HomeMy WebLinkAbout09-18-13 Wetland Review Board Additional Materials Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN FEE APPLIES- $ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: Catron Crossing Subdivision 2. Property Owner Information: Name: VC Development, LLC. E-mail Address: Mailing Address: 1184 North 15th, Suite 4, Bozeman, MT 59715 Phone: (406) 624-0382 FAX: (406) 582-1116 3. Applicant Information: Name: VC Development, LLC. E-mail Address: dcape@jwtcompanies.com Mailing Address: 1184 North 15th, Suite 4, Bozeman, MT 59715 Phone: (406) 624-0382 FAX: (406) 582-1116 4. Representative Information: Name: Morrison Maierle, Inc. E-mail Address: mekstrom@m-m.net Mailing Address: P.O. Box 1113, Bozeman, MT 59771 Phone: 406-587-0721 FAX: 406-922-6702 5. Legal Description: Tract A-1 of C.O.S. 1827A 6. Street Address: 5900 Valley Center Rd. 7. Project Description: Commercial Subdivision 8. Zoning Designation(s): B-2 9. Current Land Use(s): Vacant 10. Bozeman Community Plan Designation: Community Commercial Mixed Use 11. Gross Area: Acres: 23.35 Square Feet: 12. Net Area: Acres: 22.75 Square Feet: N:\2605\025\Design Docs\Platting\Pre-App\WaiverRequest.docx Catron Crossing Proposed Variances Two variances to the Unified Development Code are anticipated as part of this application. Details regarding the requested variances will be provided in the Preliminary Plat Application and will address the required review criteria per MCA 76-3-506. At this time, the variances are as follows: 38.23.100 Watercourse Setback 38.23.040.C Block Length A cursory discussion on the variance to 38.23.100 is provided as part of this Pre-Application submittal and includes details regarding the hardship. Comments specific to this consideration are requested as part of those that will be received as part of the Pre-Application process. Waiver Request A request to waive the requirement to provide the following supplemental information from Section 38.41.060 is being included with this Pre-Application submittal. The items included in this waiver were identified during a pre-application meeting held with members of the City of Bozeman staff on November 11, 2012. A summary response as to the reasoning for each requested waiver is provided, where appropriate, on the following list in bold italics. 1. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in compliance with article 31 of this chapter. A detailed floodplain analysis will not be necessary for this subdivision proposal. A brief narrative along with an exhibit illustrating the location of the subdivision in relation to any FEMA mapped floodplains will be provided as part of the environmental assessment. 2. Groundwater. a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high water table shall be determined from tests taken during the period of major concern as specified in writing by the county environmental health department. Specific locations for test holes may also be determined by the county environmental health department. b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of groundwater and groundwater recharge areas. Groundwater considerations will not be necessary as part of this subdivision application. As a commercial subdivision, basements will not be included in any site improvements and all lots will utilize City of Bozeman water supply and wastewater treatment facilities. N:\2605\025\Design Docs\Platting\Pre-App\WaiverRequest.docx 3. Water and sewer. Provide an engineering design report and/or other documentation demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists to serve the proposed subdivision. A conceptual layout illustrating the proposed locations of those service lines will be included as part of the environmental assessment. An evaluation of the current capacity will not be necessary as part of this application request as that has been established through past projects on the subject property. 4. Stormwater management. A stormwater management plan shall be submitted with the preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots, including: a. The plan shall depict the retention/detention basin locations, and locate and provide easements for adequate drainageways within the subdivision to transport runoff to the stormwater receiving channel. Stormwater receiving channels shall be clearly identified for all ponds. b. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainageways and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. c. Any necessary stormwater easements. A general Grading and Drainage plan will be provided as part of the preliminary plat application submittal illustrating a conceptual method of treatment. Detailed stormwater management plans will be addressed at the site development stage. 5. Streets, roads and alleys. a. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer shall demonstrate that the land to be subdivided has access onto a legal street. c. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys. d. Dust. Describe provisions considered for dust control on alleys. e. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion. f. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information: (1) The report format shall be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; N:\2605\025\Design Docs\Platting\Pre-App\WaiverRequest.docx (e) Evaluation; and (f) Recommended access plan, including access points, modifications and any mitigation techniques. (2) The report shall include the following information: (a) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; (v) Total daily traffic (with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive accesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collector and arterial-collector intersections within one- half mile of the site, or as required by the city engineer during the preapplication review, concept plan review, or informal project review. (d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed. g. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. A Traffic Impact Study will not be necessary for the review of this subdivision. Site development, within the individual lots to be created, will be consistent with the uses anticipated with the underlying zoning designation. 6. Parks and recreation facilities. The following information shall be provided for all land used to meet park land dedication requirements: a. Park plan. A park plan, including: (1) Site plan for the entire property; showing developer installed improvements on the initial park plan and proposed future improvements on the future park plan; (2) Drainage areas; (3) Utilities in and adjacent to the property; (4) The zoning and ownership for adjacent properties; (5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks; N:\2605\025\Design Docs\Platting\Pre-App\WaiverRequest.docx (6) Park landscaping plan, prepared by a qualified landscape professional in accordance with section 38.41.100, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes; (7) General description of land, including size, terrain, details of location and history, and proposed activities; (8) Trail design and construction showing compliance with adopted city standards and trail classifications; (9) The requirement for approval of the final park plan by the city commission with a recommendation from the city recreation and parks advisory board prior to any site work; (10) The requirement for a preconstruction meeting prior to any site work; (11) Appropriate sections from the design guidelines for city parks; (12) Cost estimate and installation responsibility for all improvements; (13) If playground equipment will be provided, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use shall be provided; and (14) Soils information and analysis. b. Park maintenance. (1) Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; (2) Weed control plan, including responsible parties; and (3) Plan for garbage collection, snow removal and leaf removal including responsible parties. c. Irrigation information. (1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and (2) If a well will be used for irrigation, a certified well log shall be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. d. Phasing. If improvements will be phased, a phasing plan shall be provided including proposed financing methods and responsibilities. Parkland considerations will not be necessary for this subdivision as it is intended to create commercial lots in accordance with the underlying zoning. 7. Neighborhood center plan. A neighborhood center plan shall be prepared and submitted for all subdivisions containing a neighborhood center. A neighborhood center plan will not be necessary for this subdivision as it is intended to create commercial lots in accordance with the underlying zoning. 8. Miscellaneous. a. Public lands. Describe how the subdivision will affect access to any public lands. Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced. b. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions should be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on- site or off-site land uses creating a nuisance. N:\2605\025\Design Docs\Platting\Pre-App\WaiverRequest.docx Access to public lands will be unaffected by this subdivision proposal as none are adjacent to the subject property. Hazards, beyond those which would have been considered as part of the Community Plan are not anticipated. The Community Plan identified this area as suitable for the uses proposed with this application. 9. Affordable housing. Describe how the subdivision will satisfy the requirements of chapter 10, article 8. The description shall be of adequate detail to clearly identify those lots designated as subject to chapter 10, article 8 compliance requirements and to make the obligations placed on the affected lots readily understandable. a. On all lots intended to be used to satisfy the requirements of chapter 10, article 8, the allowable building envelope shall be depicted. This provision is not required at this time. Request for Variance – Catron Crossing/VC Development March 29, 2013 Page 1 of 4 Narrative for a Request for Variance Catron Crossing Master Site Plan VC Development, LLC March 5, 2013 The applicant is respectfully requesting the feedback of the Bozeman City Commission for this variance request during the subdivision pre-application process. The formal variance request will be submitted during the Preliminary Plat process through the Bozeman City Planning Department. The applicant’s interest in doing so is to seek initial support for the variance prior to investing in the associated preliminary plat design documents. The rationale of the applicant for requesting the variance is presented below with its associated background information. UDO Sec. 38.23.100. - Watercourse Setback Variance Request – A minimum 30-foot setback from the west side of the Catron Ditch watercourse, which is a variance of 20 feet. A. 2. c. (3) Other watercourses. A minimum 50-foot setback shall be provided along both sides of all other watercourses. 1. Historical Perspective 2. Current Conditions 3. Negative Impact to Design Historical Perspective In 2001, Cape France Enterprises, a related party to VC Development, LLC, completed the relocation of the Catron Stream Ditch from what was effectively the east/west centerline of the property to the eastern edge of the property. Catron originally served as an irrigation ditch and as such flowed in effectively a straight line from south to north. The underlying intent of the realignment was to make the ditch an amenity for the overall parcel and the surrounding area much like Catron Stream is in front of what is currently the Holiday Inn Express. The total cost of this realignment was approximately $300,000 as the bed of the ditch was enhanced to meander along the entire eastern boundary of the property. The bends in the bed of the ditch were constructed to enhance the habitat provided to fish and birds, increasing the overall length of the ditch by 1,272 linear feet. The realignment effectively took an unattractive, non-habitat irrigation ditch and created a substantial public and wildlife amenity that enhances the Valley Center corridor as well as the property. The new design of the realignment was completed with the cooperation of Montana Fish Wildlife and Parks to insure the new alignment would create beneficial habitat. The realignment was chosen over routing the ditch underground through pipes, an option that existed at the time due to its classification as a ditch as opposed to a stream ditch. At the time the ditch was realigned, the watercourse setback was not the current 50’. At the time that the Catron Ditch was realigned, the City of Bozeman planning and zoning regulation was the Bozeman 2020 Plan as adopted on October 22, 2001, the applicable section of which is attached. As referenced, the Bozeman Zoning Ordinance required watercourse setbacks to be 35’ from the Mean High Water Mark (MHWM) of a watercourse, Request for Variance – Catron Crossing/VC Development March 29, 2013 Page 2 of 4 which is the point at which the water leaves the main channel and spills into the floodplain. This point is effectively the top of the channel bank. This same section further states a watercourse is any natural stream, river, creek, drainage, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and has a definite channel, bed and banks. The term watercourse does not apply to any facility created solely for the conveyance of irrigation water. The original alignment of Catron Ditch was constructed solely for the purpose of conveying irrigation water. The new alignment, as stated above, was constructed to make what was an irrigation channel into a public amenity. Current Conditions The subject property is located within the North 19th Entryway Corridor Overlay District and as such is subject to a 50’ setback from the property line. The new alignment of the Catron Ditch is located within that 50’ setback. Extending the effective setback an additional 50’ will place all improvements to the site at nearly 150’ from the property line. The combined setback creates two situations that a variance will help overcome. The first situation is a negative impact to the overall design of the project, specifically its visual connectivity to Valley Center Drive and the pedestrian path constructed along Valley Center Drive. The second is the inefficiency created in site planning due to the unusually large consumption of land and density. Negative Impact to Design The existing buildings along Valley Center Drive have been constructed adhering to the 50’ setback requirement of the North 19th Entryway Corridor. If the Catron Crossing parcel constructs its buildings with a 150’ setback, continuity in design along the corridor will be compromised. The connection between people using Valley Center Drive and the pedestrians using the path along Valley Center Drive will be lost as well. There are varying opinions in the Bozeman design community regarding the spatial impacts of the baseline 50’ setback requirement currently in place. Many professionals, both in the private and public domains, believe that the North 19th Corridor lacks an intimacy due to the current 50’ setback. Extending the setback an additional 100’ feet will substantially exaggerate that effect. The people who visit Catron Crossing will experience no connection to the Catron Ditch if the 50’ setback is not relaxed. Currently, restaurant parcels are designed for the eastern boundary of the property and it is envisioned that these restaurants will be designed with the intent of connecting their outdoor space and dining experience with the Catron Ditch. This connection cannot be achieved if the 50’ setback is not relaxed. Hardship The additional 50’ foot setback as now required creates an unintended consequence to the applicant. The realignment was constructed under Bozeman 2020 Plan when the setback was either 35’ from the channel bank (MHWM) or not applicable due to the fact that Catron Ditch was an irrigation channel. Current regulations will render approximately 2.04 acres of land undevelopable through the application of the 50’ setback to the floodplain or wetland fringe. At current market values, the cost of this undevelopable land is approximately $890,000. Considering the original intent of the applicant was to make an amenity out of an irrigation channel, these unintended consequences born out of regulatory evolution Request for Variance – Catron Crossing/VC Development March 29, 2013 Page 3 of 4 Water Quality Preservation Considerations A 30-foot setback is consistent with pre-established setbacks for Catron Creek south of the property. As can be seen from aerial photography (Figure 1), the approximate 30-foot setback was sufficient to support large wooded vegetation adjacent to the Wingate hotel parking lot. A 30-foot setback will be sufficient for the Catron Crossing Subdivision for the following reasons: • Soils on-site are not classified as “highly erodible” by the Natural Resources Conservation Service. • The property to be developed is relatively flat, and the site will not be graded to drain directly to the stream/ditch. Only controlled discharge via culverts at the pre- development levels will be released to the stream/ditch. • Catron ditch realignment was engineered with increased sinuosity and does not have a history of meandering. • The proposed development will be connected to city services and will have no danger of sewage and septic field leakage into ground or surface waters. • As part of the development, we will plant native woody species along the existing riparian corridor. Benefits to native tree and shrub planting include: o A canopy that will reduce the velocity of raindrops and decrease soil erosion; o Provide a complex root system which will increase the ability to curtail erosion; o Create an overhang that provides shade that reduces stream temperatures; o Establish leaf litter that increases the infiltration and pollution-absorbing ability of the soil. Criteria for Consideration and Decision UDO Sec. 38.35.060. – Zoning Variances C. Criteria for consideration and decision. In acting on an application for a variance, the review authority shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 1. Will not be contrary to and will serve the public interest; A relaxation of the 50’ watercourse setback will serve the public interest by allowing the linkage of the constructed buildings within Catron Crossing to the amenity that was created through the realignment of the Catron Ditch. The wetlands that are associated with the realignment sit at the base of a constructed 4:1 slope that is approximately 15.5 feet wide from the toe of the slope to the ridge. As such, direct human impact of the wetlands will be minimized as few people will actually approach the edge of the ditch and/or wetlands. The intent of future design is to visually and spatially connect people to the ditch without inviting their direct interference with the ditch. In this respect, the relaxation will actually serve the public interest by connecting people with the ditch and not be contrary through a diminishment in its current natural, although constructed, state by direct human interference. Request for Variance – Catron Crossing/VC Development March 29, 2013 Page 4 of 4 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or otherwise be self- imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; It is clear that since the ditch realignment was constructed by the property owner, the difficulties created by the 50’ setback can be construed as self imposed. In contrast to this, the difficulties are actually created through evolutions in code that occurred post realignment. As stated above in the historical perspective, the realignment was completed during a period of time when the setback was less than 50’ and measured from a different site parameter. The realignment was completed with the intent of incorporating the ditch as an amenity to the final project as opposed to an underground watercourse enclosed in a pipe around which construction would be completed. Through the evolution of code, the connectivity of the ditch to project is now minimized and the end effect is an approximate 150’ setback from the property line. 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; The requested relaxation falls within the spirit of this chapter as the primary underlying paradigm of the Unified Development Ordinance is excellence in design. Cape France made the conscious choice to realign the ditch in an effort to create an amenity for the users and passerby’s of the site as opposed to allowing the ditch to flow through pipes in its original alignment. These past efforts were line with the spirit of this chapter. Allowing for connectivity with the stream ditch and the built environment fulfills this original intent. To the same end, allowing for an overall setback less than 150’ will create continuity between the various projects located along Valley Center Road. As stated above, the neighboring projects that have been completed along Valley Center Road and along North 19th have adhered to the 50’ overall setback, but if Catron Crossing is constructed with a 150’ setback, it will be spatially out of place in the greater context of the entryway corridor. We thank you for your consideration of the case we have made for a variance of UDO Sec. 38.23.100. - Watercourse Setback. Please give consideration for both the historical context of this request as well as the impact it will have toward enhancing the design of Catron Crossing. /// /// /// /// /// //////////// /// /// /// /// /// /// /// /// /// /// ////// /// /// /// /// /// /// /// /// /// /// /// /// ///////// /// ///WWWWWWWWWSSSS SS SS SS SS SS SS SSSSSSSSSSSSSSSS WWWWWWWGGGGGGGGGGGGGG/// /// /// /// /// /// /// /// /// /// /// ////// /// /// /// /// /// /// //////STREAM SETBACK VARIANCE EXHIBITCATRON CROSSING SUBDIVISIONˆPROJECT NO.FIGURE NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC., 20132880 Technology Blvd. W.Bozeman MT 59718Phone: (406) 587-0721Fax: (406) 922-6702N:\2605\025\ACAD\Exhibits\Aerial-Catron Stream Variance.dwg Plotted by matthew ekstrom on Jun/12/2013BOZEMAN05/2013MEE??????STATEFIG. 12605.025122' FROM THE PROPERTY LINETO THE 50' STREAM SETBACK(CURRENT CODE REQUIREMENT)102' FROM THE PROPERTY LINETO THE PROPOSED 30' STREAMSETBACK (REQUESTED VARIANCE).35' STREAM SETBACK - WHICH WASTHE CITY OF BOZEMAN CODE REQUIREMENTIN 2001 WHEN THE STREAM RELOCATIONPROJECT WAS COMPLETED.APPROXIMATELY 30' FROMOF STREAM TO PARKING LOT.APPROXIMATELY 50' FROMOF PROPERYT LINE TO THEEXISTING BUILDING.CONCEPTUALSITE PLAN /////////////////////////////////////////////////////////////////////////////////////////////////////////////// /// ////// /// ////// /// ////// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///////// /// /// /// /// /// ////// /// /// ////////////////////////////////////////////////////////////////////////////// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// //////////// /// /// /// /// ///////// /// /// /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////FIREFIREWSWS UTILUTILUTILUTILUTILUTILE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WSSE8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8 SE8WE8WE8WE8WE8WE8WE8WE8WE8WE8WE8WE8WE8WE8WE8WE8W ESSESS ESS ESS ESS ESS ESS ESS ESS ESS ESS ESS ESS ESS ESSESSESSESSESSESSESSE24SE24SE24SE24SE24SE24SE12WE12WE12WE12WE12WE12W E12W8W8W8W8W8W8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8S8S8S8S8S8S8S8S8S8W////// /// /// /// ///////// ////// /// ////// /// ////// /// ////// /// /// /// /// /// /// /// /// /// /// ///////// /// ///8WESSE12WUTILITY PLAN CATRON CROSSING SUBDIVISIONˆPROJECT NO.FIGURE NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,20132880 Technology Blvd. W.Bozeman MT 59718Phone: (406) 587-0721Fax: (406) 922-6702N:\2605\024\ACAD\Preapp\PREAPP-UTILITY PLAN.dwg Plotted by matthew ekstrom on Jun/12/2013BOZEMAN06/2013MEEMEEMEEMONTANAFIG.22605.025CATRON CROSSING SUBDIVISIONUTILITY PLAN FOR THE